Clients And Contractors Flashcards
Responsibilities on labour only contracts
A labour only contract is where an agency provides staff to work under the employer’s direct control.
The contractor should be treated as an employee.
The responsibilities of the agency regarding provision of competent workers and personal protective equipment should be clearly defined.
Fixed price contracts
Fixed price
A fixed price contract is the most common type of contract.
Separate contract
If work can be separated by secure fencing the contractor is responsible for the health and safety on the site
The client may still be responsible regarding hazards that cant be separated ie noise .
Access to and exit from the separate site may also still be the clients
Define a contractor
Anyone that works for you who’s not an employer
Responsibilities in using a contractor
Both have joint responsibilities under law
Right precautions to reduce risks to workplace/employees/public
Must make sure everyone understands the part they need to play in ensuring health and safety
Identifying the job
Identify the work the contractor will do
Consider the health and safety implications
Provide information and make sure they understand the performance that performance you expect of them
Selecting a suitable contractor
Satisfy yourself contractor can don the job safely without risks
Making enquiries about the competence of the contractor
Right combination of skills/experience/knowledge
Questions to ask contractor regarding health and safety
Arrangements for managing the work
Are your using subs how will they be supervised what checks
What’s your recent health and safety performance
Do you have a written policy
Can you provide risk assessments
Trading for employers ?
Assess the risks of the work
What can harm people
Who might be harmed and how
How will you control the risk
Risk Assessment for work activities on own business
Make sure assessments cover risks to contractors from your business
Contractor must asses the risk for the contracted work
Both then get together to consider any risks that could affect health and safety
Make sure measures are needed to control risks before work starts
Provide information instruction and training
What must the contractor and employees have information on
Health and safety risks they may face
Measures in place to deal with those risks
Emergency procedures
Management of contractors
HSE five step approach
Planning Choosing a contractor Contractors working on site Keeping a check Reviewing the work
Steps in planning STEP 1 in managing contractors
Defining the job -
client clearly identify all aspects of the work including work falling within the preparation and completion phases.
Risk management-
Both the client and prospective contractor should be involved in the risk management process.
The client should already have a risk assessment for the work activities of his own business. The contractor’s role involves assessing the risks for the contracted work.
The client and the contractor need to agree the risk assessment for the contracted work and the preventative and protective steps that will apply when the work is in progress. If subcontractors are involved, they should also be part of the discussion and agreement.
Specify conditions
Contractors must be made aware of the expected standards of performance. Health and safety arrangements, procedures, permit systems and safety policy statement should be shared with the contractor who should confirm their understanding and agree to work accordingly.
Steps in planning STEP 2 in managing contractors
Choosing the contractor
Contractors will be selected based upon a range of criteria including: availability, cost, technical competence, reliability and health and safety.
Client must satisfy themselves that contractor competent
What’s the pre tender questionnaire
PTQ
Used broadly to determine the suitability of a contractor
experience in the type of work to be done
health and safety policies and practices
recent health and safety performance (number of accidents etc.)
qualifications and skills relevant to the contract
selection procedure for sub-contractors (if sub-contractors are
to be allowed), or their safety method statement
Arrangements for:
- health and safety training e.g. safety passport - supervision
- consulting the workforce
independent assessment of competence
memberships of relevant trade or professional body
Once a contractor has been selected pre-commencement meetings will be required
Step 3 in choosing a contractor
Specific arrangements will be required to :
manage the movements of contractors on site through visitor sign in controls and possibly permits-to-work
ensure that all technical and management controls are in place before allowing the work to begin, for example:
numbers of persons and supervisor details are confirmed
the correct work equipment is provided
access and egress to location of work are discussed and agreed
suitable personal protective equipment is available and being worn
safe system of work / method statements are understood
any necessary permits to work are in place
reporting, communications and monitoring arrangements have been agreed.
What other arrangements required in step3
Information, instruction and training
Co-operation and coordination
Consultation
Management and supervision
Step 4 in managing contractors
Monitoring the contract
All parties monitor their health and safety check risk assessments are current and control measures are effective
Contractors/sub carry out day to day checks
Clients make periodic checks on contractors performance
If not meet client takes appropriate action
Step 5 in managing contractors
Reviewing the work
Review after completion to see if performance could be improved
The client should review both the job and the contractor. Consideration should be given to:
the effectiveness of the planning
the contractor’s performance
how smoothly the job went.
